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Hospital wins appeal in appendicitis case

The claim arose from the alleged negligent care the Plaintiff received as a patient at Fremantle Hospital (the Hospital) in 2009 when it was said that staff delayed in the diagnosis of his appendicitis. It was alleged that the Hospital was negligent by: failing to diagnose appendicitis on his admission on 31 July 2009;, incorrectly interpreting the CT scans of the Plaintiff's abdomen on 31 July ...

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Dependency tables used to assess damages in fatal accident claims to be updated

The late Mr Norris died from liver disease in 2011, at the age of 52. He was survived by his wife, Dr Norris, and their two teenage sons. In 2013 Dr Norris sued Dr Routley, her late husband’s treating specialist, who accepted that his negligent failure to refer Mr Norris for a liver transplant was a cause of his untimely death. At first instance, the trial judge awarded Dr Norris damages in sum of $21,757....

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Doctor’s obligations in relation to medical reports and certificates

Background facts On 2 March 2015, the practitioner was consulted for a medical assessment regarding his suitability to continue to hold, possess and/or use a firearms licence.  At this attendance, the patient provided the practitioner with a letter from the Queensland Police Service (QPS) which had advised the patient that his firearms licence had been suspended. The QPS letter indicated that ...

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Medical practitioner consuming alcohol while on call

It was alleged that the practitioner had attended a social function, had consumed an amount of alcohol and was affected, and then, whilst on call, attended on a pregnant patient in a hospital.  It was also alleged that he conducted himself in an inappropriate manner in his interaction with the patient and her mother in that, at the consultation, he communicated with them in a way that was argumentative ...

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Privacy laws and the sale of personal information by businesses

Sale of personal information by businesses. Businesses routinely store the personal information of customers and clients. At some stage a business may wish to sell this information. This could be as part of the sale of the business or a separate sale of a client database. Depending on the circumstances, a business may have to consider its legal obligations under the Privacy Act 1988 (Cth) (‘Privacy Act’)....

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Top 10 Mistakes To Avoid When Selling A Medical Practice

1. Not being ready. Selling a medical practice is a big decision. All the more reason why you should take the time and effort to thoroughly prepare for the sale, and have all documentation ready for the handover. Failing that there may be setbacks and obstacles that delay the transaction, which will inevitably cost money. It is important to work through these issues methodically and not rush into a sale....

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Aged Care Law Reforms - Home Care Packages and Exit Fees

Reforms to Aged Care legislation taking effect from 27 February 2017 will see home care packages moving with the consumer if they change home care providers. These reforms are part of the first stage of the Commonwealth Government’s reforms to the home care system. Under the current system, home care places are allocated to individual providers to deliver services in a particular location or region....

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Accreditation to work at private hospital does not give rise to a contract

The anaesthetist, who had worked at the Hospital for many years, claimed he had been bullied by two nurses at the Hospital in 2013 and 2014 and, as a consequence of his complaint to hospital management, he lost the opportunity to work on a particular surgery list conducted by another doctor. Prior to his complaint a significant portion of his work at the hospital was as anaesthetist to this surgeon....

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AHPRA Annual Report for 2015/16

Highlights of the past year include: There were about 20,000 new registrants in the past year, with a total of 65,274 applications for registrations received across all professions., There was a tightening of the criminal history checking process, resulting in the restricted registration of ten practitioners and refusal of one registration., Renewal processes were improved, by updating correspondence ...

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Notifiable Data Breaches – New reporting obligations proposed for entities under the Privacy Act

The Privacy Amendment (Notifiable Data Breaches) Bill 2016 (‘the Bill’) was introduced in the Australian Parliament on 19 October 2016 and is currently before the House of Representatives. The Bill proposes mandatory data breach notification provisions for agencies, organisations and other entities already regulated under the Privacy Act 1988 (Cth) (‘the Act’). The Bill is ...

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Does a practitioner’s mental illness automatically mean impairment?

The practitioner had a long history of mental illness, with periods of hospitalisation and community treatment orders (CTO) dating back to 1998. She suffered from a serious chronic psychotic disorder characterised by paranoid delusions and disorganised behaviour. As a result of her illness, various conditions had been imposed on her registration during periods between 1999 to 2012. Most recently, ...

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Epilepsy intervention study leads to $1.6M payout

The patient suffered from epilepsy due to an antenatal stroke. At age 21, she underwent telemetry testing to determine her eligibility for surgical intervention. The testing required her brain activity to be monitored during a seizure. Whilst under Hospital care and supervision, a seizure was induced through medication withdrawal and sleep deprivation.  At 4:03am on 5 January 2010, the patient commenced a seizure episode which lasted for two hours and 44 minutes....

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